City threatens return to court over sewer district

A Metropolitan Sewer District Public Works inspector walks from a sewer pipe installed as part of a project to reroute sewer overflow, near the intersection of Stanley and Eastern avenues.
Enquirer file The Metropolitan Sewer Districtâ??s massive reconstruction project has been held up by the Hamilton County commissionersâ?? resistance to Cincinnati City Councilâ??s responsible bidder law, which requires contractors to offer apprenticeship programs. The requirement is for MSD projects over $400,000.
Enquirer file SEWER. FORUM. July 9, 2010. Rob Apel, Public Works inspector II for MSD, walks from a 6 foot diameter sewer pipe installed as part of an MSD project digging a "deep tunnel" to reroute sewer overflow, near the intersection of Stanley and Eastern Avenues, the afternoon of July 9, 2010. The Enquirer/Amie Dworecki(Photo: Amie Dworecki, Cincinnati Enquirer)

Cincinnati officials threatened on Thursday to go back to court to resolve a dispute with Hamilton County over control of the sewer district.

Acting City Manager Scott Stiles said the county is attempting to wrest day-to-day management of the Metropolitan Sewer District from the city’s hands and is risking tens of millions of dollars in ratepayers’ money.

“The city is at risk of being unable to remain on time and under budget due to the county’s interference,” Stiles wrote in a memo to Mayor John Cranley and City Council members.

County commissioners made similar claims Wednesday in a resolution that complained the sewer district’s staff was ignoring the county’s instructions and putting projects and ratepayers at risk.

If the dispute returns to court, several parts of a $3.2 billion sewer construction project could be delayed and the district could face a crackdown from federal regulators, who are enforcing a court settlement that requires extensive repairs to aging sewer lines.

The two sides already went to court in a dispute over how contracts for the projects are bid, with the county winning a decisive victory. In the decision, the judge said the county, as the owner of the district, can dictate to rules and policy to the city, which runs the district.

Stiles said the county is interpreting that ruling too broadly. He said the city maintains day-to-day control over the district and is prepared to go back to court, if necessary, to prove it.

“I am working closely with MSD staff and the law department to determine if we need to return to court to obtain clarity regarding how the sewer district will operate,” Stiles wrote.